Bond Hearings in Federal Cases

Under federal law, judges must release people charged with criminal offenses unless the government proves the individual is dangerous and/or a flight risk. Usually, danger refers to the safety of certain people, like alleged crime victims and possible witnesses, or the possibility of re-offense. People are flight risks if they have the means (money, passport, etc.) and the will (no connection to the local community) to travel.

The jail release process in federal court is much more complex than the state court jail release process. Therefore, only a Tampa criminal defense lawyer who’s experienced in such matters should handle federal criminal cases. Your criminal case should never be a training tool for a well-meaning lawyer who lacks the proper tools to mount an effective defense. Such a defense begins with prompt jail release.

What is a Bond Hearing (A/K/A Detention Hearing)?

Judges conduct detention hearings shortly after a defendant’s arrest, usually within days. Such hearings are often merged with other pretrial hearings, such as an initial appearance or arraignment.

After considering videos, pictures, live testimony, documents, and other relevant evidence, the judge decides whether to release the defendant. If the judge orders release, the order must also set conditions for release. Only defendants who fully comply with all conditions at all times remain free until trial.

A Tampa criminal defense lawyer often makes strategic choices prior to a bond hearing. For example, the strength of the government’s case is a factor in determining bail conditions. If the case has issues, should a lawyer point them out now, or wait until later to play that card?

What Determines Pretrial Release?

As mentioned, 18 U.S.C. § 3142 provides that pretrial release must be available unless there is a flight risk or a risk to the community. If either factor is present, then the judge must consider whether some combination of release conditions (such as high financial security, travel restrictions, or GPS monitoring) sufficiently mitigates the risk, so that there is a reasonable assurance the defendant appears at future hearings and isn’t a danger to the community.

The prosecutor usually has the burden of proof at a detention hearing, and unless the prosecutor meets that burden, the defendant is entitled to pretrial release.

However, in some cases, such as cases involving serious drug charges, certain firearms offenses, and crimes against minors, the law imposes a rebuttable presumption against release.

In either case, the judge must consider several factors when determining if release is appropriate and what conditions to impose, if any:

• Defendant’s criminal history, specifically a history of violence,
• Any prior FTA (failure to appear) cases,
• Defendant’s permanent residence, if any, within the jurisdiction, and
• Employment and educational status (i.e. is s/he working and/or attending school),

If the judge is persuaded that the defendant will likely show up for future court hearings, and will not commit additional crimes while on pretrial release, then the judge must order pretrial release, probably with strings attached, as mentioned above.

Work With a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in state and federal court.

Source:

uscourts.gov/services-forms/probation-and-pretrial-services/pretrial-services/pretrial-release-and-detention